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| the authority of the judiciary to decide whether a law or any other government action is constitutional. |
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| the arrangement, based on the supremacy clause in the Constitution, that gives federal courts the authority to overturn state court decisions and to decide on the constitutionality of state laws and actions. |
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| a case in which the government prosecutes a person for a crime against society. |
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| a case in which at least one person sues another person sues another person for violating the civil code of conduct. |
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| the official statues of a litigant who is entitled to have his/her case decided by the court. |
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| a lawsuit in which the plaintiff or defendant is a collective group of individuals. |
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| a system of jurisprudence in which the judiciary has the authority to determine how the law is to be interpreted. Under this system, legal precedent established by judges informs future decisions. |
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| a system of jurisprudence in which authoritative documents determine how the law is to be interpreted. Under this system, legal codes and statues (NOT JUDGES) inform future decisions. |
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| the legal principle that requires judges to respect the decisions of past court cases. |
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| an order by the S.C. directing an inferior court to deliver the records of a case to be reviewed, which effectively means the justices of theCOurt have decided to hear the case. |
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| the statues of a case in which further legal proceeding would have no impact on one or both parties. |
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| briefs (letters of the court) in which those who are not parties in a case provide their opinions on how the case should be decided. |
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| a theoretical model where judicial decisions are primarily determined by the case, the plain meaning of the text from the Constitution and statutes, the intent of the framers, and/or legal precedent. |
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| a theoretical model where judicial decisions are primarily determined by the policy goals and ideological agendas of judges. |
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| Strategic (rational choice) model |
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| a theoretical model where judicial decisions are primarily determined by the policy goals of judges and the various constraints that standing in the way of achieving those goals. |
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| an opinion issued by a member of the majority of the S.C. that agrees with the decision of the majority but offers alternative legal reasoning. |
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| an opinion issued by a member of the S.C. in opposition to the majority, offering legal reasoning for the decision to oppose. |
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| the legal philosophy that judges should use the intentions of those writing the law or the Constitution as guides for how to interpret the law. |
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| judicial rulings that go beyond interpreting the law in order to promote a judge's personal agenda or political agenda. |
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| How is the judiciary branch the least democratic out of all the branches? |
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| Justices are appointed for life rather than being elected, an once appointed they are not formally accountable either to voters or to the other branches of government → FINAL ARBITER ON CONSTITUTIONAL MATTERS. |
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| What causes the other two branches to be tempted to influence the Supreme Court? |
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| The Court is a major participant in American politics and policy making because its decisions have enormous political consequences. |
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| How does the Court system solve coordination problems? |
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| The courts coordinate people’s interpretations of the law and the actions they take as a result. |
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| How does the court system solve prisoner's dilemma? |
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| The courts enforce contracts, they are making sure the two sides cooperate even though they might be tempted to defect. |
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| Why is the court system essential to economic growth and a legitimate government? |
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| Courts play the role of impartial enforcers of contractual relationships among people, groups, and companies, as well as between people and the government. |
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| Federal officials apply to the S.C. if they believe they have been wronged. |
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| What roles does the Supreme Court as mediator? |
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| It steps in as the court of last resort to settle political disputes between the states and the national government, between different branches of government, and between major political parties or candidates. |
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| What is the relation of federal and state courts? |
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The Supreme Court asserts strong powers of federal court supremacy over state law/courts.
• Federal law overrides state law, and the federal courts have jurisdiction to review both state law and legal finding in state courts. |
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| What types of cases are there? |
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• Cases involve two parties:
1. the Plaintiff – brings the charges.
2. Defendant – is charged with violating the law.
• Criminal case:
1. The Plaintiff: the national/state government
2. Jury: must find a defendant innocent unless proven otherwise.
• Civil case:
1. Jury: decides which party’s side is better supported by the evidence
• Class-action lawsuits (1938) meant to streamline the hearing of cases in which multiple plaintiff could press the same claim against a defendant. |
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| What courts have national jurisdiction? |
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1. The U.S. Court of Federal Claims: deals with most civil cases in which the national government is a party.
2. The U.S. Court of International Trade: deals with cases involving matters of trade and customs |
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| What helps democratize the US judicial system? |
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| The election of judges and prosecutors → they can be found corrupt and can be voted out of office. |
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| What is the difference between original and appellate jurisdiction? |
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| When courts have original jurisdiction, it means that cases start there vs. When courts have only appellate jurisdiction, it means that cases are brought there on appeal. |
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| Under what circumstances does the Supreme Court find the hearing of cases moot? |
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1. the plaintiff dies
2. Congress passes a law that changes legal standards.
3. the matter in question is no longer relevant.
4. the Court does not want to deal with the constitutional matter at hand. |
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| What are the three principles modes of judicial decision making? |
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1. Legal model: justices espouse publicly in explaining their decision-making process.
2. Attitudinal model: useful in grouping the justices into ideological camps that tend to vote together.
3. Strategic/Rational choice model: Justices have personal policy goals that they wish to achieve and they must consider the preferences and likely actions of fellow justices, but also the institutional context in which the Court operates. |
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| What three political problems arise in the Courts? |
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1. Minority right vs. Majority rule: Groups who felt excluded from the electoral process have used the courts as a means to change policy without having to rely on Congress and the president.
2. Restraint vs. Activism:
o Strict constructionist who include both the Constitution and laws by Congress in their interpretation and exercise “judicial restraint” and not to enter into the policy-making process.
o Judicial activism: activist judges intrude in the process of policy making and have even been accused of inventing constitutional concepts to justify their rulings.
3. Popular sovereignty with the rule of law: |
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| Though courts are largely independent, how are they intertwined into the national government and the other branches? |
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| They are simultaneously part of the national government under the separation-of-powers system and intertwined with the other branches through checks and balances. |
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